Existing law provides for unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law also provides that, insofar as federal law requires that state unemployment insurance law contains such a provision of certification, the amount of unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable to an individual in a period with respect to which that individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment shall be reduced by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment reasonably attributable to that week, as specified. This bill would provide that the amount of unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable to an individual for any week which begins after January 1, 2013, in a period with respect to which that individual is receiving a governmental pension, retirement or retired pay, annuity, or any other similar periodic payment, and which is based on the previous work of the individual, shall be reduced by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment, which is reasonably attributable to that week, without a requirement from federal law, as specified.
Sponsored bills
Article XVI of the California Constitution requires a general obligation bond act to specify the single object or work to be funded by the bonds, and further requires a bond act to be approved by a 23 vote of each house of the Legislature and by a majority of the voters. Article XVI authorizes the Legislature, at any time after the approval of a general obligation bond act by the voters, to reduce the amount of the indebtedness authorized by the act to an amount not less than the amount contracted at the time of the reduction or to repeal the act if no debt has been contracted. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, statewide general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related rail purposes. Existing law creates the High-Speed Rail Authority with specified powers and duties related to the development and implementation of a high-speed train system. This bill would provide that no further bonds shall be sold for high-speed rail and related rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century. The bill would amend the bond act to authorize redirection of the net proceeds received from outstanding bonds issued and sold prior to the effective date of this act, upon appropriation by the Legislature, from those high-speed rail purposes to retiring the debt incurred from the issuance and sale of those outstanding bonds. This bill would provide that, pursuant to Article XVI of the California Constitution, these provisions shall become effective only upon approval by the voters at the next statewide general election. This bill would declare that it is to take effect immediately as an urgency statute.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes judicial review procedures for challenging a lead agency action on the ground of noncompliance with CEQA. This bill would require a judicial proceeding challenging a project, except for a high-speed rail project, located in a distressed county, as defined, to be filed with the Court of Appeal with geographic jurisdiction over the project.
The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would enact the Government Accountability Act of 2012 and require that a major regulation, as defined, proposed on or after January 1, 2013, include a provision to repeal the regulation 2 years after the date that the regulation is approved by the office. The bill would require the office to return to an agency any proposed regulation that does not include the repeal provision. The bill would provide that the repeal date shall be void if the Legislature enacts a statute that expressly validates and approves the content of the regulation, as specified.
The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2012, in an amount equal to 10% of the loss of income, as defined, not to exceed $300 if single and $600 if married, subject to certain limitations. This bill would allow the credit only if the loss of income is not the result of a dismissal or termination for cause or the result of a finding of guilt in a criminal proceeding or a pending criminal investigation. This bill would take effect immediately as a tax levy.
Existing law provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified. This bill would require that an employee of a school district, county office of education, or charter school, who is convicted of any state or federal felony for conduct arising out of, or in the performance of, his or her official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, or service retirement, or other benefits, forfeit retirement benefits earned or accrued from the earliest date of the commission of the felony to the forfeiture date, as specified. The bill would also require any contributions to the public retirement system made by the employee on or after the earliest date of commission of the felony to be returned, without interest, to the employee upon the occurrence of a distribution event, as defined, unless otherwise ordered by a court or determined by the pension administrator.
Existing law provides for the licensure and regulation of residential care facilities for the elderly. These provisions are administered by the State Department of Social Services, and a violation of these provisions is a misdemeanor. Existing law establishes various policies and procedures for the purposes of protecting the health, safety, and property of residents. This bill, for purposes of ensuring the safety of residents, would authorize a residential care facility for the elderly to use video surveillance in a resident's bedroom if the facility and the resident or the resident's authorized representative consent to the use of the video surveillance. The bill would require that any recordings made become part of the resident's medical record, and that specified persons entering the resident's bedroom give written, informed consent with respect to the video surveillance. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
This measure would designate March 2012 as Colorectal Cancer Awareness Month.
(1) The Davis-Stirling Common Interest Development Act defines and regulates common interest developments and authorizes the association that manages the development to levy assessments to fulfill its obligations. The act provides that a regular or special assessment of the association, late charges, reasonable costs of collection, attorney's fees, and interest, as specified, are a debt of the owner of the separate interest at the time the assessment or other sums are levied, and are a lien on the owner's separate interest when the association records a notice of delinquent assessment and follows a specified process. The act permits the association to enforce the lien in any manner permitted by law. The act requires, in cases of a default, that a notice of default be served by the association on the owner of the separate interest's legal representative in accordance with specified provisions. This bill would authorize the association, if after reasonable diligence the notice is not able to be served on an owner's representative in accordance with those provisions, to post a copy on the owner's separate interest in a manner most likely to give actual notice to the party to be served and to mail a copy of the notice by certified mail and first-class mail to the owner's legal representative at the address of the owner's separate interest. (2) The Davis-Stirling Common Interest Development Act authorizes a homeowner association to use judicial or nonjudicial foreclosure, subject to certain conditions, in order to collect delinquent regular or special assessments of an amount of $1,800 or more, not including any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest, or any assessments secured by the lien that are more than 12 months delinquent. In order to collect these assessments pursuant to these provisions, existing law requires the association to, among other things, provide notice by personal service, as specified, to an owner of a separate interest who occupies the separate interest or to the owner's legal representative, if the board votes to foreclose upon the separate interest. This bill would authorize the association, if after reasonable diligence the notice is not able to be personally served on an owner of the separate interest who occupies the separate interest, to post a copy on the owner's separate interest in a manner most likely to give actual notice to the party to be served and to mail a copy of the notice by certified mail and first-class mail to the owner at the address of the owner's separate interest. (3) Existing law requires all sales of property under the power of sale contained in any deed of trust or mortgage to be held in the county where the property or some part thereof is situated, and to be made at auction, to the highest bidder, as specified. Existing law authorizes postponement of a sale and requires that the notice of each postponement and the reason therefor be given by public declaration by the trustee at the time and place last appointed for sale. Existing law also requires a public declaration of postponement to set forth the new date, time, and place of sale and requires the place of sale to be the same place as originally fixed by the trustee for the sale. This bill would instead, for such a postponement, authorize the place of the sale to be different than the place originally fixed by the trustee or subsequently relocated by the trustee for the sale. The bill would require a change in the location of the sale proceedings, if any, whether due to the requirement of a public entity, emergency, or other circumstances that preclude the use of the published location, to be announced at the time of postponement.
Existing law authorizes the limitline, intersection, or other places where a driver is required to stop to be equipped with an automated enforcement system, as defined, if the system meets certain requirements. Existing law authorizes a governmental agency to contract out the operation of the system under certain circumstances, except for specified activities. This bill would make technical, nonsubstantive changes to these provisions.